Terms of Use

WELLNESS360 TERMS OF USE

Wellness360 or its licensors provide this website, content, products, software and services (collectively referred to as the "Service") to its members subject to the following terms and conditions ("Terms of Use"). BY REGISTERING TO USE THE SERVICE AND BECOMING A MEMBER ("MEMBER"), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THAT YOU EXPRESSLY AGREE TO BE BOUND BY THEM FOR AS LONG AS YOU CONTINUE TO BE A MEMBER. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. You should print or otherwise save a copy of these Terms of Use for your records.

  1. MEMBERS. To register or use the Service you: (i) must be of legal age to form a binding contract with Wellness360, (ii) must be an employee (or an eligible dependent of an employee) of a customer of Wellness360 or a customer of a Wellness360 licensee ("Customer"), (iii) must be authorized by Customer to access and use the Service, iv) cannot be competitor of Wellness360 or engaged in the business of developing, marketing or supporting services and/or products substantially similar to the Service. By accepting these Terms of Use you represent that you understand and agree to the foregoing.
  2. THIS SERVICE IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE IS FOR NON-COMMERCIAL, INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE. WELLNESS360 IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BEFORE PARTICIPATING IN ANY WELLNESS PROGRAM, DIET OR OTHER REGIMEN OR IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. WELLNESS360 AND ANY CREATORS, DISTRIBUTORS, LICENSORS, OR PRODUCERS OF THIS WEBSITE DISCLAIM ANY LIABILITY, LOSS OR DAMAGES IN CONNECTION WITH THE INFORMATION PROVIDED WITH THE SERVICE.
  3. PRIVACY AND SECURITY. Our Privacy Policy applies to use of this website and the Service, and its terms are made a part of these Terms of Use by this reference. To view our privacy policy. Additionally, by using the Service, you acknowledge and agree that the Internet is never completely private or secure. You understand that any message or information, including personal information, you post or transmit to this website may be read or intercepted by others, even if a particular transmission is encrypted.
  4. ACCEPTABLE USE. As a Member, you agree not to use the Service in any manner that damages or is likely to damage our reputation, the availability or integrity of our Service, Members, or others. We will take any action we deem appropriate, including suspending or terminating your access to the Service, to maintain the high quality of our Service and to protect our Members, ourselves and others. By way of example and not limitation, you agree to the following:
  5. USER GENERATED INFORMATION; THIRD PARTY SITES. We assume no responsibility for the use of any personal information that you may choose to disclose on this website or any content contained in any e-mails, Blogs, social features, or any other public services. We do not monitor or control such services, although we reserve the right do so. E-mails sent between you and other Members will be treated as private to the extent required by applicable laws.

This Service may contain links to other websites that are independent of this website. We make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any such linked websites. Furthermore, the links may lead to websites that contain offensive or objectionable content or contain computer viruses. You assume, and we hereby disclaim, all responsibility of any of the content on third party sites or for any damage sustained by users of these websites. Wellness360 does not endorse the opinions of third parties expressed on this website or on linked websites.

  1. INDEMNITY BY MEMBER. To the extent permitted by law, and except for your use of the Services in accordance with the Acceptable Use provision described in Paragraph 4 above, you agree to defend, indemnify and hold harmless Wellness360, its officers, directors, employees, agents, franchisees, licensors and third parties, and other users, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) relating to or arising out of (i) any unauthorized activity related to the use of the Services by you or any other person accessing the Services using your account or password, (ii) the violation of any term of these Terms of Use by you or any other person accessing the Services using your account or password; iii) the violation of any third party right, including without limitation any copyright, property, or privacy right by you or any person accessing the Services using your account or password. Wellness360 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.
  2. CONFIDENTIALITY OF MEMBER INFORMATION AND SECURITY. Wellness360 will keep confidential all information supplied by you through the Service, except that Wellness360 may disclose information as required or permitted by law.
  3. WEBSITE AVAILABILITY. We take steps to ensure that the Service is available to all Members; however, we do not warrant that the Service will be continuously available, or that your use of the Service will be uninterrupted or error-free.
  4. DISCLAIMER OF WARRANTY. WELLNESS360 PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH WELLNESS360 OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE AND INFORMATION ON THIS WEBSITE. WELLNESS360 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
  5. LIMITATION OF LIABILITY. IN NO EVENT WILL WELLNESS360, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNSBE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WELLNESS360 OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WELLNESS360' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WELLNESS360 FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. IN ADDITION, WELLNESS360 DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS) OF THE SERVICE.
  6. GENERAL. You agree that California law (regardless of conflicts of law principles) shall govern these Terms of Use, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in California. These Terms of Use, accepted upon registering for the Service, contain the entire agreement between you and Wellness360 regarding the use of the Service or this website. We may modify these Terms of Use at any time by posting revised Terms of Use on our website and your continuing use of such website and the Service constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdictions shall not make that provision unenforceable in any other jurisdiction.